Legal privilege in criminal cases

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Practice notes
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation...
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9th Nov
Practice notes
The offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An assault is committed when...
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9th Nov
Practice notes
The rules relating to the form of indictments and the procedure for their creation and adoption are contained in the following: •the Indictments Act...
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9th Nov
Practice notes
The test for exclusion under PACE 1984, s 78An accused has no entitlement to have evidence excluded simply because it has been obtained unlawfully. To...
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Produced in partnership with Hannah Thomas of 2 Hare Court 12th Jan
Practice notes
Serious crime prevention orders (SCPOs) were created by Part 1 of the Serious Crime Act 2007 (SCA 2007) and are civil orders used against those...
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9th Nov
Practice notes
What is a remedial action notice?A remedial action notice is used by enforcement authorities such as the Food Standards Agency (FSA) or a local...
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9th Nov
Practice notes
The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...
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9th Nov
Practice notes
Changes under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the...
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9th Nov
Practice notes
A challenge to a decision of the lower courts can be brought in various ways, including by way of appeal, judicial review or an appeal by case stated....
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9th Nov
Practice notes
Section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984 (PACE 1984) afford access to material that cannot be obtained by an application...
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Produced in partnership with Paul Ozin QC and Alex Mills of 23 Essex Street Chambers 12th Jan
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes...
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9th Nov
Practice notes
Affray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The...
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9th Nov
Practice notes
Civil investigation of tax fraudHMRC’s published policy in respect of tax fraud states that HMRC will seek to use a civil rather than criminal...
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Produced in partnership with Corker Binning 12th Jan
Practice notes
When do local authorities investigate environmental offences?Environmental offences cover a broad range of crimes which affect the surroundings we...
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Produced in partnership with Laura Phillips of 6 Pump Court 12th Jan
Practice notes
Taking a conveyance without authority offenceTaking a conveyance without authority is committed when a person:•takes a conveyance without the owner's...
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9th Nov
Practice notes
The ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly receiving the goods,...
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9th Nov

Most recent Legal privilege in criminal cases content

Q&As
Although this is a question about privilege, privilege is a subset of confidentiality and this response addresses the wider issues. It assumes that...
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Produced in partnership with Sarah Mumford of Sarah Mumford 9th Apr
Practice notes
Legal professional privilege (LPP) is recognised as a fundamental right by the courts in England and Wales. At its heart is an acknowledgement of the...
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Produced in partnership with Amanda Raad, Arla Kerr, Matthew Burn and Chris Stott 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Áine Kervick of Kingsley Napley LLP 9th Apr
Practice notes
The aim of this Practice Note is to provide some guidance about how best to ensure that legal professional privilege (LPP) is maintained for the...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley 9th Apr
Practice notes
Jurisdictions coveredThe following jurisdictions are covered in this report:Argentina; Brazil; France; Germany; India; Japan; Netherlands; Portugal;...
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9th Apr
Practice notes
This Practice Note looks at privilege and confidential information in the context of a client-solicitor relationship where that solicitor-client...
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8th Apr
Practice notes
This Practice Note looks at loss of privilege in civil litigation in the context of legal professional privilege (LPP) and in particular considers the...
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8th Apr
Practice notes
This Practice Note considers the concepts of joint privilege (being joint retainer or joint interest privilege) and common interest privilege,...
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8th Apr
Practice notes
This Practice Note considers legal professional privilege (LPP), which is made up of legal advice privilege and litigation privilege. It considers the...
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8th Apr
Practice notes
Legal privilege is the main means by which a company can resist disclosure of a confidential communication or document to a third party such as a...
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31st Mar
Practice notes
Legal professional privilege (LPP), which underpins the confidentiality of communications between lawyers and clients for specific purposes, is a...
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Produced in partnership with Aine Kervick and Vivien Cochrane of Kingsley Napley LLP 30th Mar
Practice notes
BackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct protection, actually arises from a number...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley LLP 24th Feb
Practice notes
The aim of this Practice Note is to provide some guidance on the principles of legal professional privilege (LPP) as they apply in criminal...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley 24th Feb
Q&As
Legal professional privilege (LPP) does not extend to everything legal professionals have a duty to keep confidential. LPP protects only those...
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15th Feb
Q&As
Professional privilege—core principlesThe core aim of privilege is to protect the confidentiality of communications between clients and their lawyers....
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13th Feb
Q&As
As a general rule where a party refers merely to the existence of a document rather than its contents, that would not be sufficient to constitute...
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Produced in partnership with Ryan Turner of Lamb Chambers 11th Feb
Q&As
Joint or common interest privilege may arise where multiple parties have a right to assert privilege in the same documents. The circumstances of such...
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11th Feb
Q&As
Without prejudice material does not fall under the legal professional privilege (LPP) umbrella. It is its own form of privilege rooted in public...
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Produced in partnership with Áine Kervick of Kingsley Napley 11th Feb

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